My Grand Father (GF) has some properties in his name has transferred to me by registered gift deed on Aug,2022. My GF had got these properties after instate died of My Great grandfather. Currently my Grand Father & Grand Mother are alive. My GF has 2 sons. Younger one had died at the age of 20 years without marriage. Elder one is my father. My father has 1 son (My self) and 1 daughter. I was married and I have 1 son & 1 daughter. My sister has 1 daughter. 1st my sister had sent a legal notice for portion of his share. For that legal notice I replied through lawyer stating that " Supreme Court had categorically held that, when the great grandfather, died intestate and on his death the properties were succeed and he will become absolute owner of such property and in his life time, he can gift the property to any one he likes. As the said Gift, the subject property will become his self-acquired property" there after my sister become silent. Now my father had sent the summons to GF & to me stating that " The properties comes under Ancestral property and he want to his share of 1/9th". Unfortunately, the lawyer who had replied to my sister legal notice has died, hence I appointed the new lawyer and he wants more clarification on how the properties become self-acquired. (Also, we are referring Uttam Singh vs Subagh sing case of 2016) Hence please provide the more clarification how properties become self-acquired & also please elaborate on Four generation concept (Since we are having 4 generation Grand Father, Father, Son & Grandson)
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Great grand father died intestate ie without a will
2) on his demise grand father inherited the property . it is not ancestral property and grand father can during his lifetime execute gift deed for said property
3) your father during grand father lifetime has no share in said property .
4) it is only if your grand father dies without a will would your grand mother , father inherit the property
It is not an ancestral property either in your hands or in your father's hands or in the hands of your grandfather.
Your grandfather inherited his share of property out of his father's property hence it becomes your grandfather's self acquired property.
Therefore your grandfather was right in transferring his property to his grandson i.e., you because being an absolute owner he has full rights to dispose his property to anyone of his choice and by any mode, to which nobody has a right to challenge.
The ancestral property is a property that remains undivided for at least four generations within a Hindu Joint Family. Ancestral property in a Hindu Joint Family spans four generations, remains undivided with equal shares, and is inherited by birth, not death.
In your case the next generation of your great grandfather has inherited the intestate property thereby the nature of ancestral property stands automatically extinguished.
The reply what your lawyer gave to your sister's legal notice in this regard is proper and perfect you can adopt the reply ion the same lines.
The property transferred to you by your grandfather is your own and self acquired property hence the claim made by your father is not maintainable, at least not during the lifetime of your grandfather.
1. My Great Grandfather was (GGF) died in 1969 and my GF is only son to my GGF. At the time of my GGF death my grandfather, Great Grandfather wife's (2), My father (age -10) were alive. After the intestate death of GGF all the properties on the name of GGF was transfer to the Grand Father. In this case also the property got by GF was comes under self-acquired property? Please explain in detail under which sections it become self-acquired property. 2. The ancestral property is a property that remains undivided for at least four generations or Any property acquired by the Hindu Great Grandfather, which then passes undivided down the next three generations up to the present generation of Great Grands on/Daughter. In my case we are having four generations (My Grandfather, Father, My self & My son) and the property is not divided for last four generations. And for my son, his GGF (i.e My GF) was acquired the properties and it was not undivided. Please explain detail how to counter this point. 3. Grandfather has inherited the intestate property thereby the nature of ancestral property stands automatically extinguished. Please elaborate this point with supporting sections or Act or judgments.
Your are a second generation heir to property and father is first generation. From great grandfather the father is second generation heir. Father and sister are legal heirs to the property gifted to by grandfather.
Since great grand father died interstate his self acquired property inherited by grand father would be regarded as self acquired property .it is not ancestral
2) your grand father is at liberty during his lifetime to gift the property
3) your father has no share in the property during grand father lifetime
Since your grandfather was the only son and also his mother was the other legal heir, it is presumed taht your grandfather inherited the entire property and got it transferred to his name hence it becomes his self acquired property. A property inherited by a son from his father is not an ancestral property.
Subsequently the son had divided his property to his children or upon his intestate death if the property was inherited by his legal heirs then also it cannot be considered as ancestral property.
Therefore for any reason it is not an ancestral property.
For knowing the particular section and judgments suiting to your requirement you may contact your advocate or search for it from the law journals or google.
Dear Client,
Self-acquired property refers to the property acquired by a person through his own efforts and not inherited from ancestors. Under Section 8 of Hindu Succession Act,1956, when a Hindu male dies intestate, his property devolves upon his heirs, including sons, daughters, widow, and mother. On the other hand, Ancestral property is property that is inherited up to four generations of male lineage. It should remain undivided until the fourth generation. The Four generation rule means that The property should remain undivided for at least four generations, meaning the original owner and three subsequent generations. When your GGF died intestate in 1969, the property was inherited by your GF. Based on the Hindu Succession Act, 1956, the property inherited by your GF from your GGF would be considered self-acquired property in the hands of your GF. He has absolute rights to dispose of it as he wishes, including gifting it. In the case of Uttam Singh vs Subagh Singh AIR 2016 SC 1169, The Supreme Court held that property inherited by a Hindu from his paternal ancestors after the Hindu Succession Act, 1956, would not be considered ancestral property but self-acquired property. Hence, you can argue that since your GF inherited the property after the Hindu Succession Act, 1956, it is his self-acquired property, emphasizing that the property was not held undivided by four generations, and thus, it does not meet the criteria for ancestral property as defined under Hindu law. Should you require any further clarification, please do not hesitate to contact us.
- Since, your grandfather has got the properties from his father , then after getting share in the property it will be considered as self acquired property of your grandfather.
- Further, after getting the share in the property , he was having his legal right to transfer the same to you by a registered gift deed without taking the consent of anyone.
My father sent the summons to his father (i.e my grand father) & to me about 6 months back, but we yet to reply on this. Now my father given these lands on rental basis to some other persons and they are doing agriculture on those lands. I informed them to not to enter in to this lands and lands are belongs to me. But I am not staying in this village they are continuing agriculture on those lands. I approached to police station, since the my father had sent summons " Police are telling that it was in court we can't do any thing". I also approached to our lawyer for injunction order, he says that Since already it in court now it is not write to take the injunction order. So please suggest me how to avoid usage of these lands by other?
Dear Client,
Since the issue is already in court, you may request an interim injunction as part of the ongoing suit. This is to ensure that the property remains in its current state until a final decision is made. If there is already a court order or injunction in place and the other party is not complying with it, you can file a petition for contempt of court in the court that issued the original order. Even if the police have mentioned that they cannot intervene because the matter is in court you should file a complaint with the police if unauthorized persons are continuing to use the land. If the land is being occupied or used without your permission, you can file a separate suit for trespass as well. Send formal notice to unauthorized users of the property. Should you require any further clarification, please do not hesitate to contact us.
File declaratory suit that you are absolute owner of land
2) make father and cultivator party to suit
3) seek injunction restraining father from giving land on rent
4) order to direct cultivator to vacate your land
- You can file an application in the same suit /case for getting an Stay order.
- Further, even you have your legal right to file a Suit for Permanent Injunction separately for restraining your father from using or giving that property for agriculture without taking your consent.
If they are occupying the land after you have filed the civil suit then you can very well file the injunction suit but if the are occupying the same even before filing the suit then the injunction application may not be entertained at this stage, you may have to wait for the disposal of the suit